Exam Ready Notes for CORE Module 'Dispute Resolution'!
Civil Litigation Notes for Workshop 8 of the Dispute Resolution Module on the Legal Practice Course (LPC) at the University of Law.
These notes were used for the March 2023 exams, where I achieved a Distinction!
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Case and Costs Management
Overview of the Procedure
1. When the defence has been filed, the court will provisionally decide which “track” to allocate the claim to.
2. The court will then send the parties’ a Notice of Allocation, which, for Multi-Track Claims, will normally
require the parties to:
Complete a Directions Questionnaire (Form N181) by a specified date.
Attempt to agree directions in the Form^, and then file proposed Directions by a specified date.
Directions Order – Can also be heard at CMC or Pre-Trial, or can just be submitted
(MAYBE: Court can request you to attend a Case Management Conference or a Pre-Trial)
File and exchange cost budgets either:
a. With the DQ if the value of the claim is less than £50,000 (CPR 3.13)
b. In any other case, not later than 21 days before the first Case Management Conference (CPR
3.13).
Trial
Allocation
When defence is filed, the court provisionally decides which track the case will follow. It does this by:
Serving each party a notice of proposed allocation
Requiring the directions questionnaire by a certain date.
Which track?
Small claims Fast track Multi-track
CPR PT 27 CPR PT 28 CPR PT 29
Straight-forward claims of value not exceeding £10K, Claims worth between £10K and £25K Claims worth more than £25K.
although claims worth more than this may also be that can be tried in one day or less. Claims will go to the County Court if
allocated to this track (PD 26 para 8.1(2)). Will be heard in the County Court unless straight-forward (debt action etc.)
they raise a point of public interest. and to the High Court if complex.
PD para 2.6 lists the claims suitable for being tried
in the RCJ, e.g. professional negligence.
If not in this list, transfer to County Court where
value is less than £50K, or to the High Court District
Registry where value is over £50K.
For example: ‘This claim is suitable to be managed
and tried in the ECJ because it is a professional
negligence claim worth over £50K and the witnesses
are based in London.’
Allocation hearing
Once all parties have filed their directions questionnaires, the court finally allocates the claim to a track at a hearing
which must be attended to.
If allocated on a multi-track case, the court will do one of the following depending on which is most appropriate (PD 29 para
4.5):
Give directions for management of the case and set a timetable directly (for simpler cases); OR
Hold a case management conference (CMC) or pre-trial review (or both) and give direction at this.
Who should The legal representative who attends should be the one responsible for the case (PD 26 para 6.5) /
attend? Must be familiar with it, in any case, and / Have sufficient authority to take any decisions likely to
arise.
Where no one turns up/not complied with, the court may order costs to be paid to the party who did
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